Wilson v. Office of Child Support Services et al
| Connecticut District Court | |
| Judge: | Omar A Williams |
| Case #: | 3:25-cv-00497 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | No cause code entered |
| Case Filed: | Mar 25, 2025 |
| Last checked: Friday Mar 28, 2025 1:08 AM EDT |
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Defendant
Khadijah Hamlette
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Defendant
Office of Child Support Services
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Defendant
Support Enforcement
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Plaintiff
Clayton Wilson
111 Grandview Ave.
Bridgeport, CT 06606 |
| Docket last updated: 9 hours ago |
| Monday, March 31, 2025 | ||
| 9 | 9
order
Order
Mon 03/31 8:15 PM
ORDER dismissing case. Under 28 U.S.C. § 1915(e)(2), courts are required to dismiss any action that is frivolous or that fails to state a claim upon which relief can be granted. See also Fitzgerald v. First E. Seventh St. Tenants Corp. , 221 F.3d 362, 364 (2d Cir. 2000) ("[W]e hold that district courts may dismiss a frivolous complaint sua sponte even when the plaintiff has paid the required filing fee...."). In his complaint, Plaintiff purports to remove a civil matter from state family court to this federal court, but his removal is not proper or effective. Plaintiff asserts that his federal rights are being violated in the state court proceeding, but that does not give rise to federal question jurisdiction such that a federal court may exert jurisdiction under 28 U.S.C. § 1441. In order for federal question jurisdiction to apply, the federal question must be apparent from the complaint itself, which does not appear to be the case here. Rather, it appears that the principal dispute in the state action is domestic in nature, and as such deals with state law. Furthermore, even if jurisdiction could be established, the court would find it appropriate abstain from exercising that jurisdiction under the domestic relations abstention doctrine, which recognizes that "even if subject matter jurisdiction lies over a particular [domestic] action, federal courts may properly abstain from adjudicating such actions in view of the greater interest and expertise of state courts in this field." Am. Airlines, Inc. v. Block , 905 F.2d 12, 14 (2d Cir. 1990); see also Deem v. DiMella-Deem , 941 F.3d 618, 620 (2d Cir. 2019) (affirming a district court's abstention from deciding a Section 1983 action where the plaintiff's claims were, or were "on the verge of being, about child custody."). This complaint is, at bottom, an appeal of the state court judge's rulings in a child custody matter, and as such, it falls firmly within the doctrine's scope. Accordingly, the court hereby dismisses this case with prejudice. The Clerk of Court is asked, respectfully, to please close this case. It is so ordered. Signed by Judge Omar A. Williams on 3/31/25. (Wagner, R) |
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| Tuesday, March 25, 2025 | ||
| 8 | 8
intord
Standing Order re: Letters
Fri 03/28 12:51 PM
Standing Order re: Letters. Signed by Judge Omar A. Williams on 03/25/2025.(Kelsey, N) |
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| 7 | 7
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Fri 03/28 12:47 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Kelsey, N) |
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| 6 | 6
order
Standing Protective Order (Intake)
Fri 03/28 12:46 PM
Standing Protective Order Signed by Judge Omar A. Williams on 03/25/2025. (Kelsey, N) |
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| 5 | 5
order
Electronic Filing Order
Fri 03/28 12:44 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 03/25/2025.(Kelsey, N) |
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| 4 | 4
1
pgs
order
Order on Pretrial Deadlines
Fri 03/28 12:43 PM
Order on Pretrial Deadlines: Amended Pleadings due by 5/27/2025; Discovery due by 9/24/2025; Dispositive Motions due by 10/29/2025, Signed by Clerk on 03/25/2025. (Kelsey, N) |
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notice
Notice re: Disclosure Statement
Thu 03/27 3:40 PM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1(b), a disclosure statement required under Rule 7.1(a) must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 03/25/2025. (Kelsey, N) |
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| 2 | 2
order
Order re: Filing Fee
Thu 03/27 3:38 PM
ORDER: We received your Notice of Removal which has been assigned case number 3:25cv497 In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 4/24/2025 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 4/24/2025. Signed by Clerk on 03/25/2025. (Kelsey, N) |
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cmp
Notice of Removal
Thu 03/27 3:34 PM
NOTICE OF REMOVAL by Clayton Wilson from Superior Court Bridgeport CT, filed by Clayton Wilson. (Kelsey, N) |
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utility
NEW Case Assignment
Thu 03/27 3:42 PM
CASE ASSIGNMENT: District Judge Omar A. Williams assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Maria E. Garcia. (Freberg, B) |
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